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| Martin v. Saif Corp., DA 06-0062,
SUPREME COURT OF MONTANA, September 12, 2007, Decided
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Overview: A final decision of the Oregon Workers' Compensation Board in an insurer's favor was entitled to full faith and credit under U.S. Const. art. IV, § 1 in a Montana court, as no public policy exception existed to the full faith and credit accorded to final judgments; the insurer was not entitled to fees under Mont. Code Ann. § 27-8-313.
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| State v. Misner, 05-385,
SUPREME COURT OF MONTANA, September 13, 2007, Decided
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Overview: Where defendant was convicted for deliberate homicide, the district court did not err by denying his motion for a new trial on grounds that the prosecutor suggested to the jury that marks on an envelope found at the crime scene were blood spatter. Because no objection was made during the closing argument, the claim had been waived.
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| McCone County Fed. Credit Union v. Mavity, DA 06-0467,
SUPREME COURT OF MONTANA, September 19, 2007, Decided
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Overview: Where borrowers executed a promissory note to a credit union secured by a mortgage on real property, the bankrupt borrower was personally released from the debt but the mortgage remained on his real property. The district court did not err by foreclosing the mortgage and ordering the sale of the real property to satisfy the debt.
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| In re D.B., DA 07-0164,
SUPREME COURT OF MONTANA, September 25, 2007, Decided
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Overview: Court reversed the termination of a mother's rights because the trial court did not apply the correct criteria required by Mont. Code Ann. § 41-3-609(1)(f); the trial court improperly relied on Mont. Code Ann. § 41-3-604(1), the presumption in favor of termination, and the finding that reasonable efforts were made under Mont. Code Ann. § 41-3-423.
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| State v. Parker, 05-681,
SUPREME COURT OF MONTANA, September 25, 2007, Decided
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Overview: The court rejected defendant's ineffective assistance claim under Mont. Const. art. II, § 24 and U.S. Const. amend. VI; evidence of a prior conviction was aimed at the credibility of defendant's ex-wife's statement, for purposes of Mont. R. Evid. 607 and Mont. Code Ann. § 26-1-302 and the lack of an objection did not render counsel ineffective.
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| State v. Racz, DA 06-0219,
SUPREME COURT OF MONTANA, September 25, 2007, Decided
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Overview: Because counsel's rationale for not asking more questions related to internal thought processes, defendant's ineffective assistance of counsel claim in this regard was to be addressed through a post-conviction relief petition; defendant, under Mont. Code Ann. § 46-20-104, failed to preserve for review a claim of prosecutorial misconduct.
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| State v. Spencer, 05-627,
SUPREME COURT OF MONTANA, September 25, 2007, Decided
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Overview: Where defendant was convicted of sexual intercourse without consent, his stepdaughter's statements to her foster mother and a licensed clinical professional counselor were non-testimonial and thus implicated Montana hearsay law, rather than the Sixth Amendment. Admission of the statements did not violate defendant's right to confrontation.
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| In re Custody & the Parental Rights of E.C., DA 06-0835,
SUPREME COURT OF MONTANA, September 26, 2007, Decided
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Overview: When the mother did not complete parenting classes or improve her parenting skills to a significant degree, the district court did not abuse its discretion by terminating her parental rights; the mother demonstrated her inability to become a fit parent within a reasonable time under Mont. Code Ann. § 41-3-609(f).
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| State v. Golden, DA 06-0065,
SUPREME COURT OF MONTANA, September 26, 2007, Decided
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Overview: On appeal of defendant's conviction for sexual assault, his appellate brief did not advance any authorities or analysis regarding the hearsay testimony asserted to be inadmissible. Because he failed to comply with M.R.App.P. 23(a)(4), the state supreme court declined to address the hearsay matter.
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